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Author:

Ahona Bhattacharya

     Final Year LLB Student

      Bharati Vidyapeeth New Law College, Pune

Introduction:
“The voices of netizens speak louder than citizens ” . This quoted line can bring a lot of meaning to the mind of readers regarding the present scenario of the impact of social media in the lives of people . Social media has gifted us connectivity, exposure, fame, medium of earning and many more but it has also drawn a line of difference in lives of people which differentiates their life into two aspects which is a real life and reel life .

The rise of social media and introduction of Trademark Act 1999:
Statistically social media has seen a steady growth from the year 2011 but between the years 2015-2020 the graph was rapidly increasing and that period can surely be marked as years of explosive growth of the social media platforms. On the other hand , in the year of 1999 the Trademark Act was introduced to encourage innovation, creativity and to ensure fair competition . The trademark act also ensures protection against counterfeiting , deception and safeguards the interest of the trademark owners.

Now the question arises:
How social media is responsible for trademark infringement? With the evolution of time we all are now active users of social media platforms . According to the statistics there are 2.7 billion monthly active users on Facebook[1] ,1.2 billion monthly active users on Instagram [2],440 million monthly active users on Twitter [3] , 2 billion monthly active users on YouTube [4].As the situation demands posting, liking , commenting, watching reels on social media platforms are now children’s play for us . Hand in hand with the increase in use of social media platforms , the chances of fraud , deception and counterfeiting also multiplied. Let us discuss this matter with the help of a remarkable case :

Apple vs apple iPhone :
This case dates back to 2009 when a Chinese company violated Apple’s trademark by branding their smartphone “Apple iPhone”. This case is a living example of how trademark protection internationally becomes difficult on social media. Another remarkable case can be Louis Vuitton vs fake LV.

Causes and effects:
Trademark infringement occurs when a party uses a trademark that is identical or confusingly similar to a registered trademark without  authorization. According to statistics the rate of trademark
infringements of different platforms are: 1.Facebook: 34% of trademark infringement cases[5]  
2. Instagram: 24% of trademark infringement cases[6]
3. Twitter: 17% of trademark infringement cases [7]
4. YouTube: 12% of trademark infringement cases [8]
This has become a very common phenomena in social media platforms where in order to deceive customers, unauthorized entities create fake profiles, accounts or pages for harming the reputation of the trademark owners by impersonating a brand. Many users often create content that features trademarked logos, slogans, or products, sometimes without permission which can lead to confusion over the brand’s endorsement. Nowadays it is quite common for brands to frequently collaborate with influencers who may inadvertently misuse trademarks in their posts by promoting a product using a trademarked image or logo without the permission which in turn can result in liability for both the influencer and the brand. Brands often rely on hashtags for visibility and to engage reach. However, when competitors or unauthorized users adopt similar hashtags, it can dilute the brand’s message and lead to potential infringement claims.

Protection of trademarks in social media:
“Social media’s real-time nature makes it difficult for brands to monitor and enforce their trademarks.” as quoted by Sarah Maltby, Intellectual Property Lawyer [9] draws quite significance about the rising trademark infringements on social media. Truly this has become a serious concern and responsible authorities must pay utmost heed to ensure proper protection of authorised and registered trademarks. Continuous monitoring of social media for unauthorized use of trademarks can help brands to quickly address potential infringements. Establishment of clear guidelines for brand- influencer partnerships can aim to evade misrepresentations which may lead to infringement and even trademark attorneys can extend their hands by guiding brands with their expertise to navigate the complexities of trademark law in this digital age.

Conclusion:
Last but not the least finally we can conclude with the help of this famous proverbial expression which says ” Rome was not built in a day”. According to the phrase as quoted, fame , goodwill , reputation are not the outcome of a single day .One needs to work round the clock to achieve the same . So the responsibility also lies on their shoulder to protect such a hard earned name , fame and brand value for which proper authorization and registration of their trademarks are utmost necessity. Responsible authorities must also extend complete protection to the trademark owners.

References:

[1] Facebook, 2022

[2] Instagram, 2022

[3] Twitter, 2022

[4] YouTube, 2022

[5] Facebook, 2020

[6] Instagram, 2020

[7] Twitter, 2020

[8] YouTube, 2020

[9] World Intellectual Property Review, 2019